Johnson v. Depuy

Supreme Court of New Jersey

Johnson v. Depuy

2 N.J.L. 165

Supreme Court of New Jersey·Decided February 15, 1807·Published

Opinion

Kirkpatrick, C. J.

— It appears from the return of the justice, that the jury wrote down their verdict and°delivered the writing to the justice instead of openly pronouncing their verdict. We have no such practice. [121] It would be subject to great abuses. We know of no lawful verdict but that which is pronounced by open voice, in open court; a privy verdict is a differemt thing, and has no resemblance to this case. For this reason let judgment be set aside.

Rossell and Pennington, Justices. — ^Concurred.

Judgment reversed.

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Kirkpatrick, C. J.

— It appears from the return of the justice, that the jury wrote down their verdict and°delivered the writing to the justice instead of openly pronouncing their verdict. We have no such practice. [121] It would be subject to great abuses. We know of no lawful verdict but that which is pronounced by open voice, in open court; a privy verdict is a differemt thing, and has no resemblance to this case. For this reason let judgment be set aside.

Rossell and Pennington, Justices. — ^Concurred.

Judgment reversed.

Johnson v. Depuy, 2 N.J.L. 165 (N.J. 1807).

Pincite

2 N.J.L. 165 (Johnson v. Depuy) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.